ZAID BHAGAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant - original accused No.1 - a resident of Surat, has prayed for the following reliefs:

(2.) On 5th October 2017, the respondent No.2, serving as the Assistant Sub Inspector, Traffic Division, Sector - 1 Station, Surat lodged a First Information Report bearing I-C.R. No.25 of 2017 with the Lalgate Police Station, Surat city for the offence punishable under Sections 143, 146, 147, 149, 332, 353, 186 and 504 read with 114 of the Indian Penal Code. The F.I.R. came to be registered against a driver of a car bearing registration No.GJ-12-DA-4841 and about 50 to 60 other unidentified persons. It would be expedient for better adjudication of the issue raised in this writ application to reproduce the true English translation of the First Information Report. The F.I.R. reads as under:

(3.) Thus, it appears from the allegations levelled in the F.I.R. that from 2300 hours on 4th October 2017 to 5 A.M. in the morning of 5th October 2017, the respondent No.2 was posted for night combing along with a police constable by name Laxmanbhai Surmalbhai Hathila, buckle No.1644. It appears that the writ applicant was travelling in a white coloured car. The writ applicant picked up an altercation with the police constable as the writ applicant is alleged to have insisted to remove the barricade which was put up for the purpose of combing and permit him to pass through in his car from a particular route. While the altercation was on, the registration number of the car was noted down. The driving licence of the writ applicant was demanded by the first informant, but the writ applicant declined to produce the same as the same was at his residence. Thereafter, the situation aggravated and a mob of about 50 to 60 people assembled at the place of the incident and the first informant was severely thrashed.